HomeMy WebLinkAbout07/14/2022 - Regular Minutes - City Council
The MINUTES OF THE CITY COUNCIL MEETING
IN-PERSON WITH TELECONFERENCE PARTICIPATION
CITY OF COLLEGE STATION
JULY 14, 2022
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor
Council:
Bob Brick absent
John Crompton via remote
Linda Harvell
Elizabeth Cunha
John Nichols
Dennis Maloney
City Staff:
Bryan Woods, City Manager
Jeff Capps, Deputy City Manager
Adam Falco, Interim City Attorney
John Haislet, Assistant City Attorney
Tanya Smith, City Secretary
Lisa McCracken, Records Administrator
1. Call to Order and Announce a Quorum is Present.
With a quorum present, the meeting of the College Station City Council was called to order by Mayor
Mooney via In-Person and Teleconference at 4:00 p.m. on Thursday, July 14, 2022, in the Council
Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840.
2. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072-Real
Estate, and §551.074-Personnel, the College Station City Council convened into Executive Session at
4:01 p.m. on July 14, 2022, to continue discussing matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to wit:
Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College
Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas;
and
McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No.
17-000914-CV-361; In the 361st District Court, Brazos County, Texas; and
City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the
Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District
Court, Brazos County, Texas; and
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Shana Elliott and Lawrence Kalke v. The City of College Station, et al.
B. Consultation with attorney to receive legal advice; to wit:
and wholesale transmission rates before the Public Utility Commission of Texas.
Legal advice related to a 2016 Economic Development Agreement with Viasat, Inc.
Legal advice related to a 2014 Economic Development Agreement with Fujifilm Diosynth
Biotechnologies Texas, LLC, f/k/a Kalon Biotherapeutics LLC.
C. Deliberation on the purchase, exchange, lease, or value of real property; to wit:
Property generally located in the southwest quadrant of Texas State Highway 6 and Harvey
Road.
Property generally located at the intersection of Texas State Highway 6 and Corporate
Parkway.
D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
City Attorney
City Manager
Council Self-Evaluation
3. Reconvene from Executive Session and take action, if any.
Executive Session recessed at 6:17 p.m. No action was taken.
4. Pledge of Allegiance, Invocation, consider absence request.
5. Hear Visitors Comments
No one signed up to speak.
6. WORKSHOP ITEMS
6.1. Presentation, discussion, and possible action on alignment options for Corporate Parkway
at William D. Fitch and potential impacts to the
Emily Fisher, Public Works Director, stated that in 2020, staff engaged consultants to look at various
alignment options for Corporate Pkwy (formerly Pebble Creek Pkwy) at its future intersection with
William D. Fitch. This presentation was a review of those options and explained the benefits and
constraints of each.
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Phase 1 Options
Jason Schubert, Traffic Engineer went through the events of the Thoroughfare Concept:
Bryan/College Station Metropolitan Planning Organization (MPO) adopted the 2050
Thoroughfare Concept in June 2017.
College Station amended City Thoroughfare Plan in November 2017 to include updates from
the MPO concept.
At approximately 7:10 p.m., Mayor Mooney opened the item for Citizens Comments.
Lloyd Davis, College Station, came before Council on behalf of a group of homeowners in opposition
to the proposed plan and to speak on the potential impacts of thoroughfare plan in the general
area. He explained that from the Next 10, the Neighborhood Traffic Management states during the
public input process, citizens also expressed concern regarding cut-through traffic within
neighborhoods, on-street parking, and access to adequate bicycle facilities and pedestrian. Mr. Davis
stated some of the concerns are that tying Corporate Parkway into William D. Fitch will drive more
traffic into a busy intersection and negatively impact the quality of life in Pebble Creek.
Jennifer Greeley, College Station, came before Council to share that she is not in support of the options
fo
the general area. It is her belief that this will destroy the quality of life for the neighborhood, the
bicyclists, pedestrians, and others.
Brian Bochner, College Station, came before Council to share his opinion that the only real advantage
of connecting Corporate Parkway and south Pebble Creek Parkway via Spearman is lower costs. He
believes the trade-off for lower cost would be adverse impacts of the Spearman corridor. The
preliminary engineering study did not examine effects of the proposal either north or south of the
immediate area of the alternative connections, and therefore should be considered incomplete and not
suitable to support a change to the connection and the city thoroughfare plan.
There being no further comments, Citizens Comments was closed at 7:29 p.m.
The Mayor recessed the Workshop at 7:38 p.m.
The Workshop reconvened at 7:50 p.m.
6.2. Presentation, discussion, and possible action regarding a presentation on the city's street
maintenance plan.
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Emily Fisher, Public Works Director, stated that the Street Maintenance Division has 19 full time
employees and maintains approximately 355.63 roadway centerline miles. The division is responsible
for sweeping operations and both minor and major repair operations. Mrs. Fisher explained that there
will be a public meeting in February or March on street maintenance.
Street Program Overview
Pavement Condition Indexing Process
Current Pavement Condition Index
Historical Cost Association by Maintenance Area
Street Maintenance and Capital Program Costs
Street Maintenance and Capital Plan
At approximately 8:19 p.m., Mayor Mooney opened for Citizens Comments.
John Junkins, College Station, came before Council to request that Shady Drive be looked at for repair,
he finds the conditions deteriorated.
There being no further comments, Citizens Comments was closed at 8:30 p.m.
6.3. Presentation, discussion, and possible action regarding the nonprofit organization
Unlimited Potential, as requested by City Council.
Jackie Flagg, Unlimited Potential and Kelyn Wardlaw, Executive Director of Unlimited Potential,
presented an overview of the history of Unlimited Potential (UP) and statistics of independent living.
The organization began under the Voices for Children umbrella in 2014 working with youth ages 16-
24, the UP received designation as its own 501 (c)(3) in May 2018 and narrowed its focus to serve
only former foster youth ages 18-25 and currently serves approximately 40 clients as well as their
children.
Services Offered
Case Management/Referrals for services:
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Job Training, Education, SNAP/TANF/WIC Benefit Applications, Medicaid Assistance,
Housing Assistance
Mentorship
Life Skills Workshops
Peer Support
In-Office Resources
Laundry, Kitchen, Shower, Essentials Closet, Emergency Food Pantry
Open access computer lab
Counseling Services
Limited Transportation
They went on to detail the differences a transitional facility could make. Homelessness and instability
directly prevent other efforts for independent living. Housing instability and poverty increase the risk
of substance abuse, mental health challenges, criminal activity, and other negative behavior. It could
also provide an opportunity to provide satellite location for social services to low-income residents in
College Station.
Dr. Don Russell explained the timeline of purchase and development to repurpose this location.
Council directed staff work with Unlimited Potential on the cost to raze the building and determine if
CDBG funds can be used.
6.4. Presentation, discussion, and possible action on a draft policy from the Naming of City
Facilities Subcommittee.
Councilmember Crompton abstained and left the meeting for this item.
Bryan Woods, City Manager, presented this item for Council to discuss a possible policy for the
Naming of City Facilities Subcommittee.
Council directed staff to bring back a draft policy which includes a requirement for cost information
on any potential renaming of facilities.
7. CONSENT ITEMS
Presentation, discussion, and possible action on consent items which consist of ministerial, or
"housekeeping" items as allowed by law: A Councilmember may request additional information
at this time. Any Councilmember may remove an item from the Consent Agenda for a separate
vote.
Items 7.2 was pulled from Consent for clarification.
(7.2) Emily Fisher, Public Works Director stated this is a ratification of a change order.
(7.10) Councilmember Cunha requested this item to be voted on separately.
7.1. Presentation, possible action, and discussion of minutes for:
June 21, 2022 Special Meeting
June 22, 2022 Special Meeting
June 23, 2022 Council Meeting
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June 29, 2022 Special Meeting
7.2.Presentation, discussion, and possible action regarding a change order for delivery and
testing of the Wellborn Road Dynamic Message Sign.
7.3. Presentation, discussion, and possible action regarding Resolution No 07-14-22-7.3 on a local
on-system improvement project agreement with the Texas Department of Transportation for
the installation of a dynamic message sign on Wellborn Road (FM 2154).
7.4. Presentation, discussion, and possible action regarding the second and last renewal of a
professional services contract with McCord Engineering, Inc. for electrical engineering services
for an amount not to exceed $600,000.
7.5. Presentation, discussion, and possible action regarding the approval of a contract between
the City of College Station and McCord Engineering, Inc. not to exceed the amount of $550,000
for the purpose of engineering design and required deliverables to facilitate the necessary
relocation of all City of College Station (COCS) electric facilities in conflict with the State
Highway 6 Expansion Project CSJ#1.
7.6. Presentation, discussion, and possible action regarding Ordinance No. 2022-4369 amending
-
Ordinances of the City of College Station, Texas, by amending Section 40-
rability clause and
providing an effective date.
7.7. Presentation, discussion, and possible action on approving annual water meter purchases
from Badger Meter, Inc. Based on the current unit pricing, the estimated annual expenditure
for water meters is $125,000.
7.8. Presentation, discussion, and possible action on the first reading of a franchise agreement
ordinance with Waste Falcon, LLC for the collection of recyclables from commercial businesses
and multi-family locations.
7.9. Presentation, discussion, and possible action regarding a professional services contract with
Freese and Nichols, Inc. in the amount of $245,510 for preliminary design of the Carters Creek
Wastewater Treatment Plant Effluent Filters project.
7.10. Presentation, discussion, and possible action regarding Ordinance No. 2022-4370
consenting to and extending the Mayor's renewal of a disaster declaration due to a public health
emergency.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Maloney, the City Council voted six (6) for and none (0) opposed, to approve the Consent Items with
the exception of Item 7.10. The motion carried unanimously.
(7.10) MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney,
the City Council voted five (5) for and one (1) opposed, with Councilmember Cunha voting against,
to approve Consent Item 7.10, consenting to and extending the Mayor's renewal of a disaster
declaration due to a public health emergency. The motion carried.
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8. REGULAR ITEMS
Mayor Mooney took items out of order; Regular Item 8.4 was taken first.
The Mayor recessed the Regular at 9:49 p.m.
The Regular reconvened at 9:54 p.m.
8.1. Presentation, discussion, and possible action on Ordinance No. 2022-4371 authorizing the
issuance of certificates of obligation, series 2022; delegating the authority to certain city officials
to execute certain documents relating to the sale of the certificates; approving and authorizing
instruments and procedures relating to said certificates.
Michael Dehaven, Assistant Finance Director, stated the City Council is authorized to approve the
staff to pub
31st such notices were duly published. Mr. Dehaven stated i
Financial Advisor, Ms. Marti Shew with Hilltop Securities, Inc., that the City issue Certificates of
Obligation for utility projects rather than Utility Revenue Bonds. This issuance will provide resources
for streets, parks, information technology equipment, facilities and electric, water and sewer system
improvements, and debt issuance costs. If this ordinance is approved, the City Council will be
delegating to the Mayor, the City Manager and the Assistant City Manager/CFO the authority to
complete the sale of the certificates, which must be completed by July 14, 2023.
Staff Recommended Bid to accept after adoption of the ordinance authorizing issuing Certificates of
Obligation with the following terms:
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2022-4371,
authorizing the issuance of certificates of obligation, series 2022; delegating the authority to certain
city officials to execute certain documents relating to the sale of the certificates; approving and
authorizing instruments and procedures relating to said certificates. The motion carried unanimously.
8.2. Public Hearing, presentation, discussion, and possible action regarding a presentation of the
proposed Program Year 2023 Annual Action Plan, Fiscal Year 2023 Community Development
Budget, and Substantial Amendment to the 2020 - 2024 Consolidated Plan.
Debbie Eller, Community Services Director, stated the City is required to submit a one-year Annual
Action Plan describing projects, activities, and budget to be funded with the community development
grants received. She clarified that the Annual Action Plan activities must correspond to the 5-Year
Consolidated Plan. The total grant funds available next year are $2,750,490 in Community
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Development Block Grant (CDBG) funds and $994,311 in HOME Investment Partnership Program
Grant (HOME) funds. These amounts include carry-over funds from previous years and new year
allocation amounts of $1,181,121 in CDBG and $505,465 in HOME funding. Program Year 2022
funding will be available on October 1, 2022.
Mrs. Eller went on to explain that CDBG and HOME funds may only be used to: (1) benefit low- and
moderate-income persons; (2) aid in the elimination of slum and blighting influences; and/or (3) meet
an urgent community need. Further, CDBG funds may be used to meet local needs through a wide
range of community development activities, while HOME funds may only be used for affordable
housing activities. The Program Year 2022 Annual Action Plan, which includes the Fiscal Year 2023
Community Development budget, must be delivered to HUD no later than August 16, 2022. Therefore,
this information is a separate process from the Council's consideration of the overall City budget.
At approximately 10:09 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 10:09 p.m.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Harvell, the City Council voted six (6) for and none (0) opposed, to approve the proposed Program
Year 2023 Annual Action Plan, Fiscal Year 2023 Community Development Budget, and Substantial
Amendment to the 2020 - 2024 Consolidated Plan. The motion carried unanimously.
8.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022-
4372
f the City of College Station,
Texas, by changing the zoning district boundary from R&D Research and Development to PDD
Planned Development District for approximately 6.74 acres located at 400 Technology Parkway,
generally located at the end of Technology Parkway east of State Highway 6 South.
Anthony Armstrong, Planning and Development, stated that this request is to change the existing
zoning from R&D Research and Development to PDD Planned Development District with a base
zoning of SC Suburban Commercial and associated Concept Plan on approximately 6.74 acres. The
applicant is requesting to add an allowed use -scale aerial
uses. The applicant provided additional limitations to vehicle trips and the outdoor operation area, as
well as several landscape buffers.
Mr. Armstrong stated the base zoning proposal of SC Suburban Commercial is in compliance with the
Comprehensive Plan. At the time of site plan, the project will need to meet all applicable site
development standards and platting requirements of the Unified Development Ordinance for the base
zoning district, except where meritorious modifications are granted with the PDD zoning. The
applicant is requesting the following modification of adding the allowed use of -
-scale aerial
distribution is defined as: the use of drones or similar devices weighing less than 100 pounds on
takeoff, including everything that is on board or otherwise attached to the drone, to enable the receipt,
storage, and distribution of packages by air. Distribution of consumer packages by land must be
limited to 5 trips per day.
Sean Cassidy, Director, Safety, Flight Operations & Regulatory Affairs at Amazon Prime Air, came
before council representing the applicant and gave a brief overview and history of this project.
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The Planning and Zoning Commission heard this item at their June 16, 2022, meeting and voted
unanimously to recommend approval. Staff also recommends approval of the rezoning.
At approximately 11:28 p.m., Mayor Mooney opened the Public Hearing.
Billy Hamilton, College Station, came before Council on behalf of the Texas A&M Chancellor in
support of the drone use and state what he believes are its positive outcomes for the economy.
Robin Murphy, College Station, came before council representing a group of citizens and stated she
is generally positive about the use of drones for delivery. She believes delivery drones are an
important developing innovation and as one of the first communities to be involved, she thinks College
Station has both the responsibility and- through Texas A&M- the expertise to do it right.
Steve Parker, College Station, came before Council to state he is not in support of drones at this
location because he is unsure of the safety of these particular drones.
Karen Gregory, College Station, is in opposition and concerned that her right to privacy and ability to
live free of excessive noise will be violated.
David McWhirter, College Station, came before Council to state his concerns about Amazonunsafe
business practices in the warehouses, and the miss treating of their employees. He is skeptical that
drones will be operated much differently than warehouses.
Alton Rogers, College Station, came to state his concerns related to privacy and quality of life as the
drone program grows.
Monica Williams, College Station, came before Council to express that she is not in support of the
Amazon drones near neighborhoods. She cites safety to area homes and hospitals, schools, increases
of noise and reductions in privacy.
Patrick Williams, College Station, spoke about his experiences in projects in his professional life and
believes that one of the driving forces for choosing this location is because it does not regulate this
type of activity.
Sandi Wood, College Station, is concerned about the ecological impacts of drones. She went on to
state that many homeowners would have their quality of life negatively impacted by this operation.
Derek Walton, College Station, stated that the proposed PDD zoning with base zoning of SC Suburban
Commercial with the added use of consumer, -
the city ordinances nor the Comprehensive Plan.
Stuart Lewis, College Station, is opposed to what he considers a small experimental airport next to
established neighborhoods.
Alex Hernandez, College Station, stated that while he has no reason to believe that Amazon is acting
in a malicious manner, they will not have to live with the consequences. He is concerned about safety,
privacy, and noise.
Phil Beremad, College Station, requested new regulations for drone air traffic and operations before
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the city council approves the Amazon drone facility rezoning.
Denise Snyder, College Station, explained that those living in the drone delivery target zone have not
received adequate notice and information and there are no explicit safeguards to protect our
community.
There being no comments, the Public Hearing was closed at 12:35 a.m.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Cunha,
the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2022-4372, amending
y changing the zoning
district boundary from R&D Research and Development to PDD Planned Development District for
approximately 6.74 acres located at 400 Technology Parkway, generally located at the end of
Technology Parkway east of State Highway 6 South. The motion carried unanimously.
8.4. Public Hearing, presentation, discussion, and possible action to consider the naming of Lick
Creek Nature Center.
Councilmember Crompton abstained and left the meeting for this item.
Bryan Woods, City Manager, stated that this item was requested by Council and turned it over for
discussion.
At approximately 9:40 p.m., Mayor Mooney opened the Public Hearing.
Don Hellriegel, College Station, came before Council to request Council to consider the naming of
Lick Creek Nature Center for Gary Halter in honor of his contributions to the community.
There being no comments, the Public Hearing was closed at 9:44 p.m.
MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember
Maloney, the City Council voted four (4) for and one (1) opposed, with Councilmember Cunha voting
against and Councilmember Crompton abstaining, to approve the naming of Lick Creek Nature Center
to Gary Halter Nature Center. The motion carried.
9. Council Calendar
Council reviewed the calendar.
10. Items of Community Interest: The Council may receive reports from a Council Member or
City Staff about items of community interest for which notice has not been given, including:
expressions of thanks, congratulations or condolence; information regarding holiday schedules;
honorary or salutary recognitions of a public official, public employee, or other citizen;
reminders of upcoming events organized or sponsored by the City of College Station;
information about a social, ceremonial or community event organized or sponsored by an entity
other than the City of College Station that is scheduled to be attended by a Council Member,
another city official or staff of the City of College Station; and announcements involving an
imminent threat to the public health and safety of people in the City of College Station that has
arisen after the posting of the agenda.
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Nothing to report.
11. Council Reports on Committees, Boards, and Commission: A Council Member may make a
report regarding meetings of City Council boards and commissions or meetings of boards and
committees on which a Council Member serves as a representative that have met since the last
council meeting. (Committees listed in Coversheet)
Nothing to report.
12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda
Items: A Council Member may make a request to City Council to place an item for which no
notice has been given on a future agenda or may inquire about the status of an item on the
response to the request or inquiry will be limited to a statement of specific factual information
related to the request or inquiry or the recitation of existing policy in response to the request or
inquiry. Any deliberation of or decision about the subject of a request will be limited to a
proposal to place the subject on the agenda for a subsequent meeting.
Councilmember Harvell requested a report on the Senior Advisory Committee.
Councilmember Crompton request a report on the new 988 suicide and crisis help line.
Councilmember Maloney requested a report on possible designs at Veterans Park.
13. Adjournment.
There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 1:30
a.m. on Thursday, July 14, 2022.
________________________
Karl Mooney, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary
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